Diver dies not trespassing

[Uncle Pug]

This just in from the Seattle PI about a diver who died yesterday (4-10-04) at Sunrise Beach, Washington.

All of the facts are not in yet but for those unfamiliar with this site it can be quite current intensive off slack and divers are not allowed to walk on the beach but must stay in the water while walking back to the exit point at the park.

Text of the article below:
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Oregon diver drowns off Gig Harbor

THE ASSOCIATED PRESS

GIG HARBOR, Wash. -- An Oregon man who was diving with his wife drowned off Sunrise Beach, a sheriff's spokesman said.

The Pierce County Medical Examiner's Office identified the man Sunday as Cecil Sargent, 48 of Silverton.

An oyster harvester called authorities Saturday after seeing Sargent go under around 3:30 p.m. while trying to help his wife, who had slipped while carrying her dive gear out of the water, Pierce County sheriff's spokesman Ed Troyer said.

Troyer said the couple were walking in the water while carrying their equipment because beach residents are known to call police about trespassing "the minute they see a diver on the beach."

Sargent had been under water about 45 minutes by the time a rescue team with Gig Harbor Fire District No. 5 found him.

He died at Tacoma General Hospital.

Troyer said Sargent and his wife each had about 200 hours of diving experience.

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Information from: The News Tribune, http://www.tribnet.com

 

[Wildbill]

I imagine that the beach residents are an upper crusty type seeing how they will call the Police at first sight. What a shame that stupid friggin' people who think they are better than middle class folks like most of ourselves would cause a death of a brother diver.

wildbill:cop_2:

 

[bwerb]

UP...am I reading it correctly...the diver died not from the dive but from a fall which resulted in them drowning? And the whole thing was spurred on because of a trespassing law?

 

[Uncle Pug]

OK.... this is going to be a very touchy one... especially around here. We have several places that are like this... you can't trespass and the entry/exit point is a small target.

Property rights aside divers need to know about entrance/exit requirements in assessing a dive. Certainly a shore dive in Deception Pass requires such planning and not because of property rights.

I have been to Sunrise at the right time and have also been there at the wrong time... still the walk through the water is doable. However if it was a choice between being charged with tresspassing and being swept away I think I would opt for trespassing.

 

[FredT]

According to the federal submerged land rules the "property owner's" rights stop at the high tide swash mark.

Any diver below that line is on STATE property, not the fief of some "beachfront overlord." If local laws, or local law enforcement, needs adjusting this death may be a good catalyst. Perhaps a wrongful death suit against the "vocal" landowners is in order too.

Actions have consequences, even the decision of those "not involved" that set up the "rules" as enforced. Perhaps it's time the property owners were held responsible for the fruits of their activities. A short discussion with the divers using that park should produce several injured due to the walk in the water" nonsense. A nice class action could be develped with that info plus a history of all "tresspassing"" calls in the area. As much as I hate enriching lawyers and politicians it's time for a bit of a hue and cry.

FT

 

[MikeFerrara]

I imagine that the beach residents are an upper crusty type seeing how they will call the Police at first sight. What a shame that stupid friggin' people who think they are better than middle class folks like most of ourselves would cause a death of a brother diver.

wildbill:cop_2:

I don't know that some privacy in your own yard is to much to ask for.

Property rights/access are pften an issue in other sports as well like fishing and hunting.

In cave diving it's absolutely number one on the list since sight access is the single biggest problem.

Still there is no excuss for trespassing and I don't think it's fair to suggest that the property owner caused any death.

Dive planning and execution within the constraints of the site is the sole responsibility of the diver. It's NOT the responsibility of a property owner.

 

[pipedope]

Unfortunately it will come down to the Gold Rule.
"He who has the gold, makes the rule."

What a waste.

 

[MikeFerrara]

WOW, you folks are spoiled. We have many Lakes in the area where every inch of the shoreline is private property with the exception of a 10 ft wide boat ramp and room to park a couple cars if you're lucky.

If a few people get there early to launch boats and are fishing it's likely that you'll drive there to dive and just end up turning aroung and going home because there won't be any legal place to park.

We have streams and rivers that while you can boat or wade them to fish, swim, dive or whatever you CAN NOT leave the water legally or even tie up to the shore for miles at a stretch.

When private property gets in the way of the activity we have planned we have to go someplace else.

 

[MikeFerrara]

Unfortunately it will come down to the Gold Rule.
"He who has the gold, makes the rule."

What a waste.

Why is it unfortunate?

I think that if these people are forced to give access to their property we should force that on every one.

 

[Uncle Pug]

This wasn't meant to be a thread about private property rights per se but rather about assessing what is known of the accident to see what steps could have been taken to change the outcome.